[EL] ELB News and Commentary 12/7/16

Thu Dec 7 07:19:20 PST 2017

WI: “Attorney General Brad Schimel wants sanctions and contempt proceedings over Gov. Scott Walker John Doe leak”<http://electionlawblog.org/?p=96246>
Posted on December 6, 2017 7:27 pm<http://electionlawblog.org/?p=96246> by Rick Hasen<http://electionlawblog.org/?author=3>
Milwaukee Journal-Sentinel:<https://www.jsonline.com/story/news/2017/12/06/investigation-into-john-doe-leak-complete-could-made-public-wednesday/927991001/>
State Attorney General Brad Schimel has recommended contempt proceedings for a prosecutor and eight other officials over their handling of material from a secret probe of Gov. Scott Walker’s campaign.
In a 91-page report<http://www.thewheelerreport.com/wheeler_docs/files/1206johndoe_01.pdf> made public Wednesday, the Republican attorney general sharply criticized the probe’s leaders for engaging in an overly broad investigation and failing to secure the vast amounts of evidence seized. He contended contempt proceedings should be initiated against special prosecutor Francis Schmitz and the team he led for how they handled seized material after courts told them they could not review it further or had to get rid of it.
Schimel also wants to seek professional sanctions against Shane Falk, who served as an attorney for the now-defunct Government Accountability Board, as part of his investigation into the leak of secret John Doe material to the Guardian U.S.
More<http://host.madison.com/wsj/news/local/govt-and-politics/justice-department-recommends-disciplinary-action-no-charges-in-john-doe/article_be4eaaf5-eaef-533a-a03d-503a8bc94d28.html> from the Wisconsin State Journal.
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Posted in chicanery<http://electionlawblog.org/?cat=12>

Former GOP Chair Who Admits Casting His Ex-Wife’s Absentee Ballot Says He Doesn’t Remember, But Was Able to Work 80-95 Hours Per Week at the Time<http://electionlawblog.org/?p=96244>
Posted on December 6, 2017 6:19 pm<http://electionlawblog.org/?p=96244> by Rick Hasen<http://electionlawblog.org/?author=3>
Greeley Tribune <https://www.greeleytribune.com/news/crime/diabetes-stroke-and-other-health-problems-beset-former-gop-chairman-accused-of-voter-fraud-he-says-in-weld-district-court/> with the latest on this saga:
Yet, Curtis said in court Wednesday, although he concluded he must have filled out the ballot and submitted it in an envelope with his ex-wife’s name on it, he had no memory of the incident for months. That’s because, he said, he was in the grips of a severe diabetic episode, at the time. He’s lived with Type 1 diabetes for almost 30 years, he said, and it is a very debilitating condition. He has difficulty concentrating, he said, and difficulty sleeping — if he gets more than 90 minutes of sleep at one time in a night, he said, it’s a “miracle.”….
He didn’t shy away from hard work in other parts of his career either. By October 2016, he was working between 80 and 95 hours a week at three different jobs, including a career as a conservative talk-show host for the Aurora-based radio station KLZ-AM 560, a job he had to commute to multiple times a week. During October and the months that followed, he said, his blood sugar was consistently high.
That’s why, he said, he doesn’t remember filling out his own ballot on Oct. 16, filling out his ex-wife’s ballot on Oct. 22, or putting the ballots in the mail Oct. 24. When confronted with the evidence in the months leading up to trial, though, he conceded all three of those events took place.
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Posted in chicanery<http://electionlawblog.org/?cat=12>

Free Speech for People’s Argument for Impeachment Investigation Against President Trump Built in Part on Campaign Finance Claims<http://electionlawblog.org/?p=96242>
Posted on December 6, 2017 6:13 pm<http://electionlawblog.org/?p=96242> by Rick Hasen<http://electionlawblog.org/?author=3>
See <https://freespeechforpeople.org/wp-content/uploads/2017/12/FSFP-Legal-Case-for-Impeachment-Investigation-12-6-17-final.pdf> pp. 31-32.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>

“How Columbus’s Majority-Black City Council Might be Violating the Voting Rights Act”<http://electionlawblog.org/?p=96240>
Posted on December 6, 2017 12:50 pm<http://electionlawblog.org/?p=96240> by Rick Hasen<http://electionlawblog.org/?author=3>
Brentin Mock<https://www.citylab.com/equity/2017/12/columbus-the-last-at-large-city-council-in-america/547274/> for CityLab:
But how can this method be racially discriminatory in a city like Columbus where, despite having a black population that is roughly 30 percent, the city council is majority black? Everyday People for Positive Change argues<http://everydaypeoplecolumbus.us/services/> that it’s because those city council members were all initially appointed to their seats, not elected. The way this has worked, Beard explains, is a council member will resign before his or her term ends, and then the council fills the vacant seat until the next election. This has been how every black city council member has originally obtained their seat for decades, with just one exception, Jennette Bradley, an African-American candidate who obtained her seat originally via election, in 1991, as a Republican.
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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>

Inaugural Issue of ACS Supreme Court Review Now Available<http://electionlawblog.org/?p=96238>
Posted on December 6, 2017 8:03 am<http://electionlawblog.org/?p=96238> by Rick Hasen<http://electionlawblog.org/?author=3>
Honored to have my article on the Supreme Court’s racial gerrymandering decision of Cooper v. Harris included in this new publication<https://acslaw.org/sites/default/files/ACS_Supreme_Court_Review_16-17_0.pdf>:
Introduction …………………………………………………………. 1
Steven D. Schwinn
Foreword………………………………………………………………. 5
Erwin Chemerinsky
Educational Equality for Children
with Disabilities: The 2016 Term Cases………………… 17
Samuel R. Bagenstos
Maslenjak v. United States:
Immigration, Expatriation,
and the Plenary Power Doctrine ………………………….. 49
Amanda Frost
Bank of America v. Miami:
An Important Progressive Victory
Due to a Surprising Fifth Vote ……………………………… 77
Brianne J. Gorod
Resurrection: Cooper v. Harris
and the Transformation of Racial
Gerrymandering into a Voting Rights Tool …………. 105
Richard L. Hasen
Trinity Lutheran Church v. Comer:
Paradigm Lost? …………………………………………………. 131
Ira C. Lupu and Robert W. Tuttle
Pavan v. Smith: Equality for Gays
and Lesbians in Being Married,
Not Just in Getting Married ………………………………. 161
Steve Sanders
Implied Constitutional Remedies After Abbasi ……. 179
Stephen I. Vladeck
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>
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